Making Judicial Recusal More Rigorous

The right to an impartial arbiter is the bedrock of due process. Yet litigants in most state courts face judges subject to election and reelection – and therefore to majoritarian political pressures that would appear to undermine the judges\u27 impartiality. This tension has existed for as long as judges have been elected (and, to some extent, for as long as they have been appointed, in which case campaigns often take a less public but equally politicized form). In recent years, however, this tension has become more acute. Today, state courts around the country increasingly resemble – and are increasingly perceived to resemble – interest group battlegrounds in which judges represent particular constituencies in addition to, or even instead of, the rule of law. Two key developments are driving this transformation: the role of money in judicial elections is growing while the canons of conduct are shrinking. These trends are creating dramatic new threats to judicial impartiality and due process. Taking our cue from Justice Anthony Kennedy\u27s concurrence in Republican Party of Minnesota v. White, we explore in this article a possible solution: making judicial recusal rules more rigorous

Making Judicial Recusal More Rigorous

The right to an impartial arbiter is the bedrock of due process. Yet litigants in most state courts face judges subject to election and reelection – and therefore to majoritarian political pressures that would appear to undermine the judges\u27 impartiality. This tension has existed for as long as judges have been elected (and, to some extent, for as long as they have been appointed, in which case campaigns often take a less public but equally politicized form). In recent years, however, this tension has become more acute. Today, state courts around the country increasingly resemble – and are increasingly perceived to resemble – interest group battlegrounds in which judges represent particular constituencies in addition to, or even instead of, the rule of law. Two key developments are driving this transformation: the role of money in judicial elections is growing while the canons of conduct are shrinking. These trends are creating dramatic new threats to judicial impartiality and due process. Taking our cue from Justice Anthony Kennedy\u27s concurrence in Republican Party of Minnesota v. White, we explore in this article a possible solution: making judicial recusal rules more rigorous

A tool for cost-effectiveness analysis of field scale sediment-bound phosphorus mitigation measures and application to analysis of spatial and temporal targeting in the Lunan Water catchment, Scotland

This work was funded by the Scottish Government Rural Environment and Rural Affairs (RESAS) department as part of their strategic research programme for 2011–2016 Theme 2: Water and Renewable Energy.Peer reviewedPublisher PD

Epstein-Barr virus IL-10 gene expression by a recombinant murine gammaherpesvirus in vivo enhances acute pathogenicity but does not affect latency or reactivation.

BackgroundMany viral genes affect cytokine function within infected hosts, with interleukin 10 (IL-10) as a commonly targeted mediator. Epstein-Barr virus (EBV) encodes an IL-10 homologue (vIL-10) expressed during productive (lytic) infection and induces expression of cellular IL-10 (cIL-10) during latency. This study explored the role of vIL-10 in a murine gammaherpesvirus (MHV) model of viral infection.MethodsThe EBV vIL-10 gene was inserted into MHV-76, a strain which lacks the ability to induce cIL-10, by recombination in transfected mouse cells. Mice were infected intranasally with the recombinant, vIL-10-containing MHV-76 or control virus strains and assayed at various days post infection for lung virus titer, spleen cell number, percentage of latently infected spleen cells and ability to reactivate virus from spleen cells.ResultsRecombinant murine gammaherpesvirus expressing EBV vIL-10 rose to significantly higher titers in lungs and promoted an increase in spleen cell number in infected mice in comparison to MHV strains lacking the vIL-10 gene. However, vIL-10 expression did not alter the quantity of latent virus in the spleen or its ability to reactivate.ConclusionsIn this mouse model of gammaherpesvirus infection, EBV vIL-10 appears to influence acute-phase pathogenicity. Given that EBV and MHV wild-type strains contain other genes that induce cIL-10 expression in latency (e.g. LMP-1 and M2, respectively), vIL-10 may have evolved to serve the specific role in acute infection of enlarging the permissive host cell population, perhaps to facilitate initial survival and dissemination of viral-infected cells

Atmospheric deposition and lateral transport of mercury in Norwegian drainage basins: A mercury budget for Norway

Project manager Hans Fredrik Veiteberg BraatenReduced atmospheric loading of mercury (Hg) can improve the environmental status of freshwaters and coastal ecosystems. Sparse data limit impact assessments of changes in atmospheric Hg on aquatic ecosystems. Here, a Hg budget is calculated for Norway by estimating fluxes of Hg in the environment. Atmospheric inputs (ca. 3.3 tonnes annually) are a factor 10 higher than riverine export to coastal areas, indicating considerable retention in soils and lakes. Environmental loading of Hg to surface waters was separated into headwater (=catchment) export of Hg and atmospheric Hg loadings, which were of similar size (0.2 to 0.3 tonnes), where atmospheric loadings were considered of higher certainty than headwater fluxes. Robust methods for estimations of headwater Hg export at the regional scale are lacking. Hg budgets for small headwater catchments are more reliable and valuable to assess the fate of atmospheric Hg, and the role of aquatic Hg retention. Continued monitoring of Hg in deposition, catchments, and rivers are needed to reduce uncertainties in environmental assessments, in addition to international collaboration.Norwegian Environment AgencypublishedVersio

Persistent Teaching Practices After Geospatial Technology Professional Development

This case study described teachers with varying technology skills who were implementing the use of geospatial technology (GST) within project-based instruction (PBI) at varying grade levels and contexts 1 to 2 years following professional development. The sample consisted of 10 fifth- to ninth-grade teachers. Data sources included artifacts, observations, interviews, and a GST performance assessment and were analyzed using a constant comparative approach. Teachers’ teaching actions, beliefs, context, and technology skills were categorized. Results indicated that all of the teachers had high beliefs, but their context and level of technology skills strongly influenced their teaching actions. Two types of teachers persisting in practices from professional development were identified: innovators and adapters. Persistence of practice and implementation of the integration of GST within PBI must continue after professional development ends, or the sustainability of the positive results experienced during the professional development will not persist

Persistent Teaching Practices After Geospatial Technology Professional Development

This case study described teachers with varying technology skills who were implementing the use of geospatial technology (GST) within project-based instruction (PBI) at varying grade levels and contexts 1 to 2 years following professional development. The sample consisted of 10 fifth- to ninth-grade teachers. Data sources included artifacts, observations, interviews, and a GST performance assessment and were analyzed using a constant comparative approach. Teachers’ teaching actions, beliefs, context, and technology skills were categorized. Results indicated that all of the teachers had high beliefs, but their context and level of technology skills strongly influenced their teaching actions. Two types of teachers persisting in practices from professional development were identified: innovators and adapters. Persistence of practice and implementation of the integration of GST within PBI must continue after professional development ends, or the sustainability of the positive results experienced during the professional development will not persist

Tålegrenser for forsuring og overskridelser for Høyangervassdraget i Vestland fylke

Prosjektleder: Cathrine Brecke GundersenDet har blitt beregnet tålegrenser for forsuring og overskridelse av disse for Høyangervassdraget og separat for delnedbørfeltene Håland, Gautingsdal og Eiriksdal. Overskridelser er beregnet for dagens (årene 2017-2021) og framtidige (år 2030 og 2050) avsetninger av svovel og nitrogen. Både SSWC- og FAB-modellene ble benyttet. Resultatene viser ingen overskridelse i nedbørfeltene for alle tidsperiodene. På grunn av forsinkelser i systemene kan det være forsuring selv om tålegrensene ikke er overskredet. Men så lenge det ikke er overskridelse, vil forsuringen gradvis avta, og de sure episodene vil bli mindre hyppigere og alvorlige.Statsforvalteren i VestlandpublishedVersio